Measure 114 – For the generations to come

          Presidents of the past often speak about the responsibility to act for the betterment of future generations, a sentiment which echoes this core idea: The battles which you refuse to fight will be left to your children to fight, once you are gone. Every gun owner in the state of Oregon, and around the country, needs to hear this: the fight is here, and the fight is now. 

          Measure 114 is an Oregon ballot measure that garnered enough signatures to be placed on the states’ primary election ballots back in November of 2022. This ballot measure has been quite polarizing. Oregon voters are split nearly 50/50 with half our voters in support, and the other half seeing the measure for what it is: an absolute violation of our constitutional rights. If voted into law, Measure 114 will prohibit Oregon residents from selling, buying, transferring, and/or importing firearm magazines which have the ability to accept more than 10 rounds of ammunition. These magazines have been termed “high-capacity”, which is highly subjective and comical due to the fact that magazines with more than a 10 round capacity have been common use long before the M114 was even a thought. 

          The measure also includes a “permit to purchase” scheme. This would be the first time in Oregon state history where such a permit would be required. This means that the currently undersized and undermanned infrastructure in smaller rural counties and sheriff stations would be required to develop completely new processes surrounding the issuance of said permit; straining and already thin staff and stretching an already thin budget. 

          Not only did Oregon voters narrowly pass Measure 114 by a razor thin margin of 0.7 % (50.7% voting yes, 49.3% voting no), but the different sections contained within the measure created numerous “roadblocks” which made 114 near impossible for law abiding Oregonians’ to comply with.

          This is where the half-baked Measure 114 starts to fall apart. Oregonians’ who either owned guns at the time of its passing, or those who wished to buy a gun at any point in the future, would be immediately faced with a potential tidal wave of problems. 

          The one thing that did become immediately clear upon the announcement of the voting results, was that the effects of measure are going to be felt by every resident across the entire state of Oregon in one way or another. Those who are caught in violation of any part of the measure have the potential to be met with incredibly harsh legal repercussions.

          Ballot measure 114 (BM114) was drafted by anti-firearm group Lift Every Voice Oregon (LEVO), a “faith based” coalition getting  much of its funding by Giffords, a gun control advocacy group that strategically utilizes their capitol to lobby for restrictions on the 2nd Amendment at both the federal, and state levels alike. Portland Lutheran church pastor, and chair member of LEVO, Mark Knutson was the face of the initiative turned ballot measure. Unfortunately for those in favor of the measure, LEVO and Knutson failed to do their due diligence when drafting Measure 114. To make matters worse for their cause, they proceeded to double down, remaining stagnant in their complacency and failure to address key issues all the way through the finalization process of the measure. 

          Hindsight is almost always 20/20. However, the irony is not lost on many of us. We have now come to realize that the group’s title “lift every voice” has proven to be nothing more than shallow words, strung together in order to intentionally mislead hose around them. As a matter of fact, the same could be said of their poorly crafted Measure 114, for which they proudly claim responsibility. The “Lift every voice” title sounds good at face value, but the truth of the matter is that the only voices they have “lifted” and heard, were those which mirrored their own viewpoints. 

          Next to the citizens, the most important voices in this conversation were never heard: the collective voice of the Oregon sheriffs’ stations across the state, including their concealed handgun licensing (CHL) units, as well as the unified voice of FBI staff members who were together, involuntarily tasked with the heavy lifting that would be required in order to satisfy the language set forth by measure 114. Not allowing these key players to have a “seat at the table” when discussions were being held and strategies were being formed, has proven to be nothing more than a massive waste of time and resources for the state of Oregon. By passing measure 114 on the November 2022 ballot and forcing the issuance of these new required permits, “yes” voters in Oregon, alongside those in power looking to capitalize on the opportunity to disarm Oregonians, unfairly burdened an already underfunded and under-facilitated police force. Here we are two years later, and the permitting system is still not in place.

          The Oregon State Sheriff’s Association (OSSA) released a public statement on November 17th, 2022 in which OSSA counsel spokesperson Elmer Dickens wrote: “…Those who cannot obtain a permit, such as a person with a disability who cannot demonstrate their ability to operate a firearm, or a person who cannot afford the required training and permit, will flatly be denied their right to buy a gun. Individuals who are impoverished, are disabled, and those from marginalized communities will likely be harmed and essentially be denied the right to purchase a firearm…” 

          Dickens went on further, to say in his written statement: 

          “I fully expect that this measure will eventually be found to violate the second amendment, and all this will have been for nothing. It is unfortunate that Lift Every Voice didn’t put their time and energy into something that could actually decrease violence in our communities, such as improved mental health services, resources for troubled youth, and funding public safety.” 

          Those in the FBI who would be involuntarily tasked with overseeing the background checks for measure 114, also did not have their “voices lifted” in the slightest. FBI special agent in charge of Oregon, Kieran Ramsey, was present in an interview with local Oregon news channel KGW8 stating:

          “In Section 4 of Measure 114 it says that it authorizes state and local agencies, specifically state and local law enforcement agencies, to receive this criminal background information — and then it adds, or their ‘designee,‘” Ramsey said. ”That little word, “designee,” is a big problem for the FBI.” He clarified shortly after. “We can’t define the word designee because the only agencies that we are allowed to share our criminal investigative background information is with, in fact, state and local government agencies,” Ramsey said. “Generally speaking, that’s law enforcement agencies, but it could be other government agencies. But in this case that word ‘designee’ is an issue. Could that be a private party?“

          Discrepancies and oversights like the one just presented have caused the FBI to make their own decision. They have stated that because Measure 114 is in direct violation of public law 92-544 with regard to who the FBI are authorized to release confidential information to, they cannot conduct the criminal background checks which Measure 114 requires before the new “permit to purchase” can be issued to Oregon residents.

          This problem then creates ripple effects that will be felt throughout the entire firearm industry here in Oregon. If the FBI can’t conduct criminal background checks, that means they will not be performed. If the background checks cannot be performed, it results in no “permit to purchase” ever being issued. If permits cannot get issued due to formalities, it will also mean that all gun sales across the state of Oregon are immediately deemed illegal. Our beloved local gun shops, and Federal Firearm Licenses (FFL) holders across the entire state, who depend on the revenue generated by firearms sales, are likely close up their doors for good. 

          Is this getting messy enough for you yet? Personally, I feel that this chaos has been intentionally engineered. It makes perfect sense, if you can’t ban the guns themselves, create so much bureaucratic red tape- between regulations and additional permitting required- that Oregon gun shops are forced to close their doors because they are no longer able to sell the main product on their shelves… guns

          But I digress. 

          Although Oregon voters narrowly passed BM114 by a minuscule 0.7% margin, circuit court Honorable Judge Robert S. Raschio of Harney County, Oregon wrote in his final decision that “Measure 114 did indeed violate the Oregon state constitution”. After hearing testimony from both sides in a 6-day bench trial that was decided on the merits of the suit, Honorable Judge Raschio’s decision proclaimed that the measure’s two major provisions — the permit to buy a gun and the ban on the sale, transfer and manufacture of magazines holding more than 10 rounds — do violate the Oregon state constitution and that it “does not enhance public safety.” Furthermore, Judge Raschio wrote in his decision that measure 114, and the parts contained within it, would “…harm public safety, particularly in rural communities.” This echoes almost identically, the statement which was released by the Oregon state sheriff’s association. 

          Honorable Judge Raschio’s crystal clear, and oath abiding decision should have been more than sufficient to place Measure 114 in the garbage can where it belongs. However, Oregon attorney general Ellen Rosenblum, and Oregon governor Tina Kotek have vowed to appeal Judge Raschio’s ruling until the state gets what they desire. After Judge Raschio’s ruling, Rosenblum issued a statement via email that read: “The Harney County judge’s ruling is wrong. Worse, it needlessly puts Oregonians’ lives at risk. The state will file an appeal, and we believe we will prevail.” 

          The audacity is at an all-time high ladies and gentlemen.

           What is this lawsuit costing Oregon tax payers? That is a great question. I hope you are comfortable seated before reading the answer. A Freedom of Information Act (FOIA) request initiated back in May of 2023 (nearly a year and a half ago), revealed very startling information. According to the FOIA report, in-house staff at Oregon Department of Justice (ODOJ), working in conjunction with contracted legal counsel “Markowitz Herbold PC”, had collectively logged a total of 2,898.52 hours of work. This was work that was dedicated solely towards violating Oregonians’ constitutional right to bear arms, by attempting to force Measure 114 into law. All of this, despite the decision of Judge Raschio, and the statements made by the Oregon State Sheriffs Association that Measure 114 was set to do more harm than good, particularly for the more vulnerable citizens in Oregon. 

          The FOIA report went on to disclose that these unconstitutional efforts have, at minimum, cost the taxpayers of Oregon a staggering $1,059,827.65…  Imagine how many more tax dollars (by the time you are reading this) have been added to the large number listed above in the past year and a half alone, as the state has prepared its lengthy appeals process. 

          Tomorrow’s appellate hearing will not result in a final decision, but it will lay the groundwork for what the next steps look like in the Arnold v. Kotek lawsuit. This is a hearing we should all be paying close attention to folks. Be very careful not to fall into the trap of complacency. 

          One thing is for certain; If pro-gun advocacy groups and the members within them do not stand up to make our voices heard, our children will be left with the scraps of the incredible rights that their parents once enjoyed.  

          Let the time that you get involved, be now. The future of our beautiful state, and the rights that we have enjoyed within it for so long, depend on us all taking a stand today.  Get involved however you can. Whether the help comes in the form of financial donations, or simply a prayer, all of us can play our part.  Again, no donation is too small.